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3.—(1) Where a person is remanded in custody for an offence, regulation 2(1) does not apply unless a sentence described in paragraph (2) is later imposed on the person for the offence.
(2) Subject to paragraph (3), the described sentences for the purposes of paragraph (1) are—
(a)a sentence of imprisonment or detention in legal custody as a result of criminal proceedings;
(b)a sentence of detention where the provisions mentioned in regulation 2(2)(c)(i) or (d) apply;
(c)a suspended sentence within the meaning in section 189 of the Criminal Justice Act 2003 (suspended sentences of imprisonment)(1).
(3) A sentence described in paragraph (2)(a) which is imposed outside Great Britain is not a described sentence for the purposes of paragraph (1) if, in similar circumstances in Great Britain, a sentence described in paragraph (2)(a) would not have been imposed.
2003 c.44. Section 189 was amended by section 68 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) and S.I. 2005/643.
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